Mr S.M.Syed Ahamed v. Tamil Nadu Islamic Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2016
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR C.S.No.14 of 2006
1. S.M.Syed Ahamed
2. W.M.H.Mohamed Faleela ... Plaintiffs Vs.
1. Tamil Nadu Islamic Education and Social Services Trust, a trust rep. By its trustees the defendants 2 to 5 herein
2. Abdul Hasan (Kalami)
3. S.Ibnu Saud
4. M.A.M.Y.Izzadeen
5. S.A.Mohamed Farook ... Defendants PRAYER: Plaint filed under Order 7 Rule 1, Section 92 of C.P.C., and Order IV Rule-I of O.S.Rules to pass a decree (a) Removing the defendants 2 to 5 from their respective posts in the 1st defendant trust;
(b) Framing a scheme for better administration of the 1st defendant trust in future;
(c) Cost of the suit;
(d) grant such other relief;
For Plaintiffs : Mr.A.Sirajuddin Senior Advocate instructed by Mr.J.Dhilipan
J U D G M E N T
Mr.Sirajuddin, learned senior counsel for the plaintiffs is present. He represented that nothing survives in the matter, as it is a scheme suit based on allegations against the defendants and none of the defendants are now trustees.
2. Mr.Sirajuddin, learned senior counsel for the plaintiffs would also submit that the suit itself has to be dismissed as withdrawn owing to the above reason.
3. In the light of the fact that Mr.Sirajuddin, is now a designated senior advocate, the formality of making an endorsement by him is being dispensed with. The other two advocates on record, at that point of time, are now not readily available for making such an endorsement. Instead Mr.J.Dhilipan the instructing counsel has made an endorsement on behalf of Mr.Rajamani, learned counsel on record, who has difficulty in being present in Court to make an endorsement.
This Court is informed that the other counsel on record Ms.N.Sheela Devi, Advocate is now not in law practice.
4. In the stated circumstances set out above, Mr.Dhilipan, who has adequate instructions has made an endorsement in the Court bundle on behalf of Mr.Rajamani. In view of said endorsement made by Mr.Dhilipan, learned counsel, this Civil Suit is hereby dismissed as withdrawn. No costs.
06.10.2016 Index:Yes/No Internet:Yes/No ssd
M.SUNDAR,J., ssd C.S.No.14 of 2006 06.10.2016 http://judis.nic.in